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· 6/27/1906

Miller v. Northern Central Railway Co.

Citations

  • 216 Pa. 105
  • 64 A. 924
  • 1906 Pa. LEXIS 570

Syllabus

<p>Negligence — Master and servant — Fellow servant — Act of April 4, 1868, P. L. 58.</p> <p>Where a siding is constructed for the sole use of a coal company, and on the siding the cars of a railroad company are operated by the employees of the latter company, an employee of the coal company who is killed by the negligence of the trainmen of the railroad company while he is repairing a railroad company’s car on the siding of the coal company, is a fellow servant of the trainmen within the meaning of the Act of April 4, 1868, P. L. 58, and no damages can be allowed from the railroad company for his death.</p>

Judges: Brown, Elkin, Mitchell, Potter, Stewart

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